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CRIMINAL LAW - SENTENCING - SIXTH CIRCUIT HOLDS THAT FEDERAL JUDGES MAY NOT CONSIDER § 3553(A) FACTORS IN RULE 35(B) HEARINGS. - United States v. Grant, No. 07-3831, 2011 WL 71475 (6th Cir. Jan. 11, 2011) (en banc)

Anonymous

Harvard Law Review, Jun 2011, Vol.124(8), p.2115 [Peer Reviewed Journal]

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  • Title:
    CRIMINAL LAW - SENTENCING - SIXTH CIRCUIT HOLDS THAT FEDERAL JUDGES MAY NOT CONSIDER § 3553(A) FACTORS IN RULE 35(B) HEARINGS. - United States v. Grant, No. 07-3831, 2011 WL 71475 (6th Cir. Jan. 11, 2011) (en banc)
  • Author/Creator: Anonymous
  • Language: English
  • Subjects: United States–Us ; Criminal Law ; Criminal Sentences ; Federal Court Decisions ; United States ; Litigation
  • Is Part Of: Harvard Law Review, Jun 2011, Vol.124(8), p.2115
  • Description: Mandatory minimum sentences imposed by statute are intended to achieve consistency in sentencing at the expense of individual consideration of the contextual sentencing factors enumerated in 18 USC § 3553(a) -- factors such as the defendant's role in the crime and the defendant's criminal history. For a defendant facing a mandatory minimum sentence, the government may move pursuant to 18 USC § 3553(e) (at the original sentencing) or pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure (after the original sentencing) to empower the court to impose a sentence below the mandatory minimum in light of a defendant's "substantial assistance in the investigation or prosecution of another person." Thus, the question arises whether a court may still consider the contextual factors outlined in § 3553(a) when deciding how to depart from the mandatory minimum upon a Rule 35(b) motion by the government.
  • Identifier: ISSN: 0017811X ; E-ISSN: 2161976X